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(영문) 제주지방법원 2015.09.11 2014가단44078
소유권이전등기
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. C et al. resolved to newly establish and operate a hotel in D D in Jeju Island on September 5, 2003, following the resolution to establish the Plaintiff Company.

B. On October 21, 2003, the Plaintiff Company awarded a contract to Nonparty Kudong Construction Co., Ltd. (hereinafter “ Kukdong Construction”) for “the construction work with the content of constructing the building of the first floor and the 11st floor above the ground surface above the first floor above the first floor above the second floor above the second floor in Jeju city.”

After that, on January 31, 2006, registration of preservation of ownership of the hotel of this case was completed in the name of the plaintiff company after the construction of the new hotel of this case was completed.

C. Meanwhile, when the sales performance of the hotel in this case was lower than the Plaintiff company's estimate and the Plaintiff company delayed the payment of the construction cost that was promised at the beginning of the extreme construction, the Plaintiff company entered into a real estate disposal trust agreement on February 5, 2006 (hereinafter "the instant trust agreement") with the Plaintiff company on February 5, 2006, stating that the Plaintiff company entered into a trust agreement on real estate disposal of real estate (hereinafter "the instant trust agreement") with the Plaintiff company on the real estate trust in this case where the Plaintiff company puts a guest awareness remaining as unsold in lots among the hotel in this case, and the trust on real estate in this case was preserved until the time of sale, but with respect to the proceeds from the disposal thereof, the agreement on real estate disposal of real estate (hereinafter "the instant trust agreement") with the Plaintiff company on February 15, 2006 on the real estate unsold in lots, including the attached list, as well as on the real estate unsold in lots 339 rooms among the hotel in this case.

At the time, the Plaintiff company and the real estate trust agreed to the special agreement that “each unsold housing unit will be granted the right to designate a purchaser and receive the disposal price, etc. for the housing unit unsold in lots, to the Kudong Construction, which is the priority beneficiary.”

Even after the conclusion of the instant trust contract, the Plaintiff Company continues to have low sales performance of the hotel of this case.

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